(b) Lessee and Lessor agree that, as of the Commencement Date, (i) is the intent of the
parties that Lessor is the owner of the Aircraft for state law and federal income tax purposes,
(ii) Lessor intends to take depreciation deductions with respect to the Aircraft in accordance with
Section 168 of the Internal Revenue Code of 1986, as amended, as set forth on Annex B (**“Tax
Benefits”**), (iii) it is the intent of the parties that the Aircraft leased under the Lease shall
qualify for all tax deductions in the hands of Lessor, and (iv) at no time during the Term of this
Lease will Lessee take or omit to take, nor will it permit any sublessee or assignee to take or
omit to take, any action (whether or not such act or omission is otherwise permitted by Lessor
unless expressly permitted by this Lease), which will result in the disqualification of the
Aircraft for, or recapture of, all or any portion of such Tax Benefits.